When USCIS finds one red flag in a petition, that triggers a scrutiny of the entire case which can lead to RFEs that are very difficult to answer. The Triple Threat RFE can be triggered by wage level specialty occupation, or education issues, and escalates to a monster RFE that calls all three into question.
The trick to answering these difficult RFEs is to go back to the basics and build your case from there. This can be done in two steps.
First, include an expert opinion letter written by a professional in the industry of the H-1B job. This expert must have extensive experience working in the field of the job and making hiring decisions to the position in question and similar positions. This letter can cover wage level and specialty occupation issues. Provide the expert as much information as possible about the specific duties and responsibilities of the job, and how the skills and knowledge required are acquired through completion of a bachelor’s degree in the field of the H-1B job. Also provide the expert with a breakdown of the factors that went into setting the wage level, and documentation of past hiring practices and starting wages that fortify specialty occupation and wage level issues. The more information you can provide the expert, the better equipped they will be to write a compelling letter that covers both specialty occupation and wage level issues.
Second, include a credential evaluation that takes the job, the beneficiary’s education and work experience, visa requirements, and USCIS approval trends into account. This evaluation must be uniquely written to fill in any gaps between the education the beneficiary has, and a US bachelor’s degree (or higher, if required by the job) in the exact field of the H-1B job.
At CCI TheDegreePeople.com, we work with experts in all H-1B fields that have the credentials required for USCIS to accept their opinion. Our credential evaluators research every evaluation uniquely and tailor it to meet each client’s situation. With an expert opinion letter and a detailed credential evaluation, and supporting documentation, we have seen a 96% success rate in overturning these difficult RFEs.
For a free review of your case visit www.ccifree.com. We will respond in 4 hours or less.
Sheila Danzig is the director of CCI TheDegreePeople.com. Sheila specializes in overturning RFEs and Denials for work visas.